The risk of these two cases is assessed through the RPN number which would combine the Severity (quantifies the severity of the failure when mitigating
action is taken) and the Detection which quantifies the risk that the mitigating
action is not taken.
14) In October 1998, the trial court held a pre-sentencing hearing in which Poyson's trial counsel presented mitigating
evidence and in which Poyson's mother, Ruth Garcia, his aunt Laura Salas, and the mitigation investigator Blair Abbot, testified.
6) Because the Supreme Court condones the use of victim-impact evidence to balance the presentation of mitigating
evidence, (7) the murder victim's granddaughter testified, recounting how, lacking the money to hire help, she had been forced to clean up her grandmother's blood in the days after the murder.
The Court held that evidence of impaired intellectual functioning based solely on an IQ score of 67 can be a mitigating
factor at the penalty phase of a capital murder trial.
However, realizing the novelty of the case, the district court judges asked the Fifth Circuit Court of Appeals to consider whether an individual's condition should be assessed with or without mitigating
circumstances when determining whether that individual is disabled under the ADA.